RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT, OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT  PLEASE READ CAREFULLY!

 

HELMETS / PERSONAL FLOTATION DEVICES ARE STRONGLY RECOMMENDED

 

TO: Banff Ski School Ltd dba Ski Big 3; Ski Banff-Lake Louise-Sunshine; Norquay Mystic Ridge Ltd., The Lake Louise Ski Area Ltd.; and Sunshine Village Corporation and all associated and affiliated companies of any of the foregoing, and each of their respective directors, officers, employees, instructors, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, insurers, suppliers, equipment manufacturers and distributors, successors and assigns (all of whom are hereinafter collectively referred to as the “Releasees”).

 

RENTAL AGREEMENT

1. I accept full responsibility for the care of the rental equipment (“the Equipment”) listed on this form and I agree to pay for any damage to the Equipment and replace at full retail value any Equipment not returned by the agreed date.
2. I am familiar with the proper use of the Equipment.  I understand that the rental technicians are able to answer questions I may have as to the proper use of the Equipment.
3. I agree to return the Equipment in clean condition to avoid any additional charges.
4. I understand I am responsible for any lost or stolen equipment, and that I am responsible for the equipment until it has been received and inspected by the Banff Adventure Hub.
5. I understand the equipment I leave with must be the equipment I return.
6. I understand that my credit card may be used as payment for overdue, lost, stolen, or damaged equipment.

RESTICTED USE OF INFLATABLE STAND UP PADDLEBOARD & INFLATABLE  KAYAKS

I understand that use of a non-motorized watercraft is restricted to only the holders of a valid Self- Certification Permit at all waterbodies within Banff National Park at all times and I am responsible for completing this self- certification permit. 

 

ASSUMPTION OF RISKS

I am aware that biking, inflatable stand-up paddle boarding, inflatable kayaking, use of bear spray and hiking poles involve risks, dangers and hazards and that injuries are a common and ordinary occurrence in these sports/activities.

 

BIKE SAFETY

I acknowledge that the Rider has been advised to wear an approved helmet and that wearing an approved helmet while Biking is mandatory under provincial law. I am aware that e-bikes are permitted in Banff National Park only on public roadways and that Biking on any roadway is subject to provincial highway traffic regulations including age restrictions for e-bikes. The Rider is familiar with the proper use of the Equipment, including all quick release mechanisms, brakes, and gear shifters and I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment.

 

BIKE RENTAL - ASSUMPTION OF RISKS

I am aware that Biking involves many risks, dangers, and hazards including, but not limited to: falling from the e-bike; mechanical failure of the e-bike or Equipment, improperly adjusted or maintained e-bikes and Equipment; loss of balance; difficulty or inability to control one’s speed and direction; failure to act safely or within the Rider’s own ability; variation or steepness in terrain; rapid or uncontrolled acceleration on hills; variation or changes in the riding surface including mud, loose gravel, rocks, potholes, soft shoulders, cliffs, trees, stumps, roots; bodies of water; steep or slippery riding surfaces; collision with or falls from natural objects or manmade structures such as trees, rocks, cliffs, banks, electric and other fences, barriers, cattleguards, bridges, berms and jumps; exposure to temperature extremes or changing

or inclement weather including lightning; travel or transport to and from the Biking site; travel on highways and roads; encounters with domestic and wild animals including elk, deer, moose, bears, dogs, lynx, and cougars; collisions with pedestrians, trains, motor vehicles, and cyclists; becoming lost or separated from ones party; negligence of others; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE RIDER FROM OR WARN THE RIDER OF THE RISKS, DANGERS AND HAZARDS OF BIKING AND USE OF THE EQUIPMENT. I recognize that the risks, dangers and hazards of Biking exist throughout and beyond the facilities and that many hazards are unmarked. I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet and other safety equipment is worn. I understand that e-bikes are prohibited in all areas of Banff National Park other than on public roadways (see notice on reverse). I am aware of the risks, dangers, and hazards associated with Biking and the rental of the Equipment.

 

INFLATABLE STAND UP PADDLEBOARD & INFLATABLE KAYAK SAFETY

I have been advised to wear an approved personal floatation device while paddle boarding and/or kayaking. I am familiar with the proper use of the rental equipment, including how to self-rescue, and of the environment including currents and weather effects. I acknowledge that I am a competent swimmer.

 

INFLATABLE STAND UP PADDLEBOARD & INFLATABLE KAYAK RENTAL - ASSUMPTION OF RISKS

I am aware that stand up paddleboarding and/or kayaking and the rental of paddleboarding and/or kayaking equipment involves many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the put in; slips and falls while getting onto or off of the SUPs or kayaks; overturning of the stand up paddleboards or kayaks; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment; hypothermia; drowning, changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; mechanical failure of the equipment, negligence on the part of other participants  and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS OF STAND UP PADDLEBOARDING AND/OR KAYAKING.

 

BEAR SPRAY SAFETY

Bear repellant products shall not be rented to individuals under the age of 18. Bear repellent products are registered under the Pest Control Products Act; it is illegal to use a pest control product without following label directions.

Capsaicin sprays have proven effective in repelling aggressive bears only when sprayed directly in the eyes and nose, and should be used only as a last resort. Capsaicin sprays will not repel bears from treated objects or areas, and may result in increased investigation of sites by bears. Canisters should not be test fired in areas inhabited by bears. If a canister has been test fired, all residues of the spray should be washed from the canister nozzle and cap with soap and water before being transported to areas inhabited by bears. In no event should bear spray be sprayed at any person. The sole appropriate use for bear spray is in response to a direct confrontation with an aggressive bear. It is illegal to use bear spray without following label directions.

Bear spray is rented without warranty expressed or implied. No warranty or representation is made as to whether the bear spray will work as intended or the ability of the bear spray to protect the renter from injury or death. There is no guaranteed method of responding to a bear attack; each encounter is unique.

 

BEAR SPRAY RENTAL - ASSUMPTION OF RISKS

Using bear spray products will expose the renter to many risks, dangers and hazards including but not limited to; inadvertent or accidental release of the bear spray; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RICKS, DANGERS AND HAZARDS OF USING BEAR SPRAY.

 

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

 

 

In consideration of the rental of the Equipment, I hereby agree as follows:

 

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury (including death) that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspect of my use of the Equipment , DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSA 2000, c O-4 ON THE PART OF THE RELEASEES, in respect of the design, manufacture, installation, maintenance, selection or adjustment of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of biking, inflatable stand-up paddle boarding, inflatable kayaking and use of bear spray and hiking poles. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF USING THE EQUIPMENT.

 

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party, resulting from my use of the Equipment;

 

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

 

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Alberta and no other jurisdiction; and

 

5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.

 

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

 

I ACKNOWLEDGE THAT I AM SIGNING THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.